Introduction

Thank you for using the Cloocast Platform and its products, services and features (collectively, the ‘Service’).

Our service

With the Service, you can discover, buy, book and web stream educational courses and compatible products and documents. The service is a distribution platform for both professional and amateur educators where they can sell and distribute their product to their customers, safely and securely.

Provider of the Service

The service is provided within the European Economic Area by Cloocast AB with headquarters in Halmstad, Sweden.

Applicable terms and conditions

Your use of the Service is subject to the following conditions,
Cloocast’s Personal Data Policy, Privacy and Copyright Policies (collectively, the “Agreement”).

Please read the Agreement carefully and ensure that you understand the information contained herein. If you do not understand the Agreement or do not accept any part of it, you may not use the Service.

Definitions

In addition to the terms defined in the running text of these Terms and Conditions, the following definitions shall have the following meaning when capitalized as the initial letter, regardless of whether they are used in the plural or singular, in definite or indefinite form:

User: Refers to both Educators and Students on the Platform

Content: Refers to uploaded material such as images, texts, moving media, documents, etc.

License fee: The cost that the Cloocast Business Educators pays to use the Service to the full, i.e. as its own educational platform with the Channels function.

The service: Refers to Cloocast cloud-based platform, Cloocast Play Cloocast Business.

The platform: Refers to Cloocast cloud-based service, Cloocast Play Cloocast Business.

Channels: Function on the Platform. Channels give the Educator the opportunity to use the Service as their own educational platform. Channels are a function of Cloocast’s Service that gives the Educator the opportunity to package one or more online courses and distribute them to their End Customers (recipients). The Educator can create different Channels for different target groups.

Educator: Refers to Cloocast’s customer. A user who creates, stores and distributes Content on the platform on Cloocast Play or who uses the Service’s functions to the full as their educational platform, Cloocast Business.

Student: Refers to the Educator’s customer. That is the end customer who consumes online course via Cloocast Play or in Channels.

Cloocast Play-Educator: Refers to Cloocast’s customer who sells online courses on

i) The Play-Educator conducts sales of online courses where Cloocast receives % of the sales, plus a transaction fee per course sold and a monthly fee.

ii) the financial transaction between the Cloocast Play Educator and the Student takes place on the platform.

Cloocast Business Educator: Refers to a Cloocast customer who uses the entire Cloocast Service functions, i.e. uses the Platform as its own educational platform.

i) the cost of the Service is paid monthly, so-called License fee.

ii) Cloocast Business- The Educator uses Cloocast as his own educational platform.

iii) Cloocast Business – The Educator distributes its online courses through the Channels feature.

iiii) the financial transaction between Educator and Student takes place off site.

Who may use the Service?

Age requirement
Users, i.e. Students and Educators, must be at least 18 years old to create an account on Cloocast and use the services. If you are under 18, you may not create an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are under this age to use online services, you may not create a Cloocast account. If we discover that you have created an account that violates these rules, we will terminate your account.

Business
If you use the Service through a company or organization, you represent to us that you are authorized to act on behalf of the company or organization, and that it approves of this Agreement.

Your use of the Service

Content of the Service
The content of the Service includes moving media, audio (such as music and other audio), graphics, photos, text (such as comments and scripts), branded materials (such as trade names, trademarks, service marks and logos), interactive features, software, statistics and other material (collectively “Content”). Content is delivered to the Service and distributed by our users, and Cloocast provides hosting services for such Content. The person or legal entity that adds Content to the Service is also responsible for it. If you see Content that you believe does not comply with these terms, for example by breaking the law, you can report it to us.

Educator account on Cloocast
You can use parts of the Service, such as browsing, watching previews (teasers) and searching for Content, without having an account. To post material and sell via the platform or to buy and stream material, you need an account. Protect your Cloocast account by keeping your password secret.

When creating and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address and, if you are an Educator, valid street address/postal code. Keep in mind that you agree to keep your Content available to your customer (the Students) during the agreed time when you have received payment from the Student.

You are fully responsible for your account and everything that happens on your account, including for any damage (to us or anyone else) caused by someone using your account without your permission. This means that you must be careful with your password. You may not transfer your account to anyone else or use anyone else’s account. If you contact us to request access to an account, we will not grant you such access unless you are able to provide us with the information we need to prove that you are the owner of that account. In the event of a User’s death, the User’s account will be closed. You may not share your account credentials with anyone else. You are responsible for what happens with your account and Cloocast will not intervene in disputes between Students or Educators who have shared account login details. You must notify us immediately when you become aware that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting support@cloocast.se

Our responsibility

We shall provide our basic support for the purchased services to you at no additional charge, and/or upgraded support if purchased separately, and make the purchased services available 24 hours a day, 7 days a week, except for: (a) scheduled downtime of less than 15 minutes, no more than once per 24 hour period (and of which we shall endeavor to give at least 24 hours notice via the purchased services and which we shall schedule to the extent practicable from 8:00 a.m. to 8:15 a.m. Central European Time), (b) planned downtime of more than 15 minutes (of which we shall endeavor to provide at least 48 hours notice via the purchased services and which we shall schedule to the extent practicable during the weekend hours of 5:00 a.m. Saturday to 5:00 a.m. Monday Central European Time), or (c) any unavailability caused by circumstances beyond our reasonable control (force majeure), including without limitation, governmental acts, floods, fires, earthquakes, civil or riots, acts of terrorism, strikes, or other labor problems (other than those involving our employees), ISP failures or delays or denial of attacks.

Your information
Our personal data policy describes how we process your personal data and protect your privacy when you use the Service. The ducator is responsible for ensuring that his end customer, the Student, accepts Cloocast’s personal data policy and SLA.

Your Content
You may not upload Content that may be perceived as offensive, discriminatory, religious or political. Cloocast reviews all content uploaded by you to the Service to ensure that the material does not violate Cloocast’s terms of use for content, data processing and copyright before it is made available for sale.

Permissions and limitations
You may use the Service to the extent that it is available to you, provided that you comply with this Agreement and applicable legislation. You may also embed and play Cloocast material on your own web page using the embedded player Cloocast offers.

However, there are certain restrictions on your use of the Service. You may not:

unlawfully use, reproduce, download, distribute, transmit, transmit, display, resell, license, change, modify or otherwise use any part of the Service or any Content without the permission of the respective rights holder, or what is permitted under applicable law

circumvent, disable, act fraudulently or otherwise interfere with the Service (or attempt to do any of these), including security features or features that (a) prevent or limit the copying or other use of Content or (b) limit the use of the Service or Content

use the Service by automated means (such as robots, botnets or search scrapers) other than (a) public search engines, (b) with Cloocast’s prior written permission, or c) as permitted by applicable law

collect or use information that can identify an individual (for example, collect usernames), unless permitted by the individual in question or under paragraph three (3) above

use the Service to spread unsolicited advertising or commercial content or unsolicited solicitation letters or mass mailings (spam)

cause or encourage false measurements of genuine user engagement with the Service, such as paying people or promising rewards to increase a video’s views, likes, dislikes, or to increase a channel’s subscriber count, or otherwise manipulate statistics

use features to report, flag, complain, dispute or appeal in an unauthorized manner, such as making unfounded, offensive or frivolous reports

organize contests on or via the Service that do not follow Cloocast’s contest policies and guidelines

use the Service to view or listen to Content in a manner that is not private or non-commercial (for example, you may not display the material publicly from the Service)

Content and conduct

Upload Content
Educators with an account have the opportunity to upload and download Content on the Service. If you, the Educator, choose to post Content on the Service, you may not post Content that does not comply with this Agreement or current law. For example, the Content you post may not contain intellectual property rights-protected material (eg, copyrighted material) from third parties unless you have permission from the party or otherwise have the legal right to do so. You are legally responsible for the content you post on the Service.

Rights that Cloocast grants the Educator
Cloocast grants the Educator user rights in the Service for which it has paid all required fees in accordance with these terms and conditions and any conditions or restrictions associated with the particular content or function of Cloocast’s services. Any other use is expressly prohibited. The Educator may not appropriate, reproduce, modify, adapt or edit source code from either the Service or any of our APIs.

Educators retain all ownership rights to their Content. So what belongs to you continues to belong to you. Students who purchase your material receive user rights.

Subject to the terms of the Agreement, Educator grants Cloocast a worldwide, non-exclusive, time-limited right to access, use, distribute, perform, export and display Customer Data and any Cloocast Products created by or for Customer, only as reasonably necessary

(a) to provide, maintain and update the Services;

(b) to prevent or address service, security, support or technical problems;

(c) as required by law or as permitted by the Data Request Policy and

(d) as expressly permitted in writing by the Customer.

Rights granted by the Educator to the Student
You grant your Students a limited, non-exclusive, non-transferable license to access and view the Content for which they have paid all required fees, solely for their personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or limitations associated with the particular content or function of Cloocast’s services. Any other use is expressly prohibited. Students may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer or use any Content.

Duration of rights
Rights that you grant to the Student are regulated in an agreement between you and the Student. Rights you grant to Cloocast continue until the Content is removed, as set forth below. The licenses terminate upon removal, except when operation of the Service, use of the Content permitted prior to removal, or the law requires otherwise. For example, when you remove Content, Cloocast is not required to

(a) revoke Content used by other users within a limited offline viewing feature of the Service, or

(b) delete copies we reasonably need to retain for legal reasons.

When you delete Content
You may remove your Content from the Service at any time. If you want to remove your account from the service, you can contact Cloocast at support@cloocast.se, and Cloocast will remove your account.

You yourself are responsible for maintaining agreements entered into between you and your customer (Student).

When Cloocast removes Content
If we have reasonable grounds to believe that any Content violates this Agreement or may harm Cloocast, our users or third parties, we may remove part or all of such Content. We will notify you of the reason for our action, unless we reasonably believe that it would:

(a) violate the law or a law enforcement order or otherwise risk legal liability for Cloocast or our Partners;

(b) compromise an investigation or the integrity of or operation of the Service or

(c) cause harm to our users, any third party, Cloocast or our Partners.

Copyright protection
We provide information to help copyright holders manage their intellectual property upon request. If you believe that your copyright has been infringed on the Service, you can report it to us.

We investigate reports of alleged copyright infringement internally. In accordance with Cloocast’s policies, account holders with repeated violations may be suspended from the Service if appropriate circumstances exist.

Suspension and Termination of Accounts

Termination by the Educator
You can stop using the Service at any time. You can close your Cloocast account by asking Cloocast to close the account and delete all data. You have the option to download a copy of your data first.

Grounds for termination and suspension by Cloocast
Cloocast may suspend or terminate your access or your account

(a) you materially or repeatedly breach the Agreement;

(b) we are forced to do so to comply with legal requirements or court orders or

(c) we have reasonable grounds to believe that there has been conduct that causes liability or damages users, other third parties, Cloocast or our Partners.

Termination made by Cloocast in case of changes to the Service
Cloocast may suspend your access to all or part of the Service if Cloocast reasonably believes that our provision of the Service to you is no longer commercially reasonable.

Notice of Termination or Suspension
We will notify you of the reason for the suspension or termination by Cloocast unless we believe that

(a) violate the law or a law enforcement order or otherwise risk legal liability for Cloocast or our Partners;

(b) compromise an investigation or the integrity of or operation of the Service or

(c) harm users, third parties, Cloocast or our Partners. In the event that Cloocast terminates your access for Changes to the Service, you will be given, to a reasonable extent, sufficient time to export your Content from the Service.

Effects of account suspension or termination
If your account is terminated or your access to the Service is restricted, you may continue to use certain parts of the Service (for example, viewing only) without an account. This Agreement then continues to apply to such use. If you believe that your account has been terminated on incorrect grounds, you can appeal it in a written letter to Cloocast at avtal@cloocast.se.

Other Legal Terms

Guarantee
It may happen that the Platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Trainers makes misleading statements in their content. We may also encounter security issues. These are just examples. You agree that you will have no recourse against us in any of these types of cases where things do not work as they should. In legal fuller language, the Services and their content are provided “as is” and “as available”. We (and our affiliates, suppliers, partners and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, error-freeness or accuracy of the Services or their content, and expressly disclaim all warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We (and our affiliates, suppliers, partners and agents) make no guarantees that you will obtain specific results from the use of the Services.

Disclaimer
By law, consumers (individuals) have certain rights that cannot be excluded or modified by a contract. This Agreement does not contain anything that affects the consumer’s rights.

Limitation of liability
All Users: Nothing in this Agreement is intended to exclude or limit any party’s liability for death or personal injury, fraud, fraudulent misrepresentation, or other liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, Cloocast and its Partners are not responsible for:

– losses not caused by Cloocast or its Partner’s breach of this Agreement
– loss or damage that was not, at the time this Agreement was entered into between you and Cloocast, a reasonably foreseeable consequence of Cloocast’s or its Partner’s breach of this Agreement
– content posted by users or defamatory, offensive or illegal conduct of any user.

Only Trainers: If you use the Service for a purpose related to trade, craft, profession or business activity, the following limitation of liability also applies to the extent permitted by applicable law:

Cloocast and its Partners shall not be liable for lost profits, revenue or lost data, lost opportunities or anticipated savings, indirect or consequential losses, or dissuasive damages (in all cases whether such losses were foreseeable or not).

Third Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Cloocast. Cloocast has no control over and assumes no responsibility for such websites and online services. Be careful when you leave the Service. We suggest that you read the applicable terms and privacy policies of each third-party website and online service you visit and use.

Special conditions for Educators

For those of you who post online courses and physical educational courses for sale via Cloocast’s platform, this agreement applies in combination with our other terms and conditions and our personal data policy.

Application
This Agreement applies from the time you register as a Educator on Cloocast AB’s Platform together with our terms of use and personal data policy.
By registering, the Educator confirms that he or she has read, understood and agrees to be bound by the above-mentioned document.

Cloocast’s commitment and purpose
Cloocast’s commitment consists of providing Trainers with the Service that enables the sale and booking of Trainers’ online courses and hybrid educational courses.

The educator’s commitment and purpose
The Educator uploads and publishes online courses and physical educational courses which aim to provide the Educator’s customer (the Student) with relevant and professional knowledge transfer in the relevant subject area.
After the online course has been sold, the Educator has the obligation to provide the student with free streaming according to the agreement on each individual course alternatively Channel or until the educational is replaced by an updated version. If the Educator ends the cooperation and use of the Service on Cloocast, the agreed commitment towards the Student as payment for the Educator’s online course remains.

Payment terms

Cloocast Play-Educator

When you are a Cloocast Play Educator, you pay a low monthly fee for your account. When you generate sales of the online course on Cloocast Play, a percentage of the sales value is deducted + a transaction fee per purchase transaction (card or Swish). See updated price list on our website.

Cloocast Business Educator

When you are a Cloocast Business Educator, you pay a monthly license fee to gain access to use the Service as your own educational platform. The license cost is individual and based on storage needs and the number of active Students (active users).

Invoicing takes place in connection with registration. Payment terms are 30 days. In the event of late payment, a late payment interest of 2.2% per month and a reminder fee of SEK 60 (2023) will be charged. If the Educator chooses invoice payment, Cloocast charges SEK 25 in invoice fee on the regular invoice. In the case of Swish payment, a fee of SEK 10/transaction is payable. All prices are subject to VAT of 25% according to law. If the Educator does not settle their debts to Cloocast after 2 reminder periods of 7 days, it is considered a termination and the account and all data will be unpublished and quarantined for one (1) month before it is completely deleted from the Service.

Processing of personal data
As a result of the Educator registering and taking part in the Service, Cloocast AB will store and process the personal data provided by the Educator so that Cloocast can fulfill its obligations under this agreement, as well as for marketing, statistics and analysis as well as for internal administrative purposes in accordance with what follows from the personal data policy that forms part of this agreement.

Cookies
Regarding Cloocast’s use of cookies, please refer to the Cookie Agreement.

About this Agreement

Modification of the Agreement
We may make changes to the Agreement to, for example, reflect changes to the Service or for legal or security reasons. Cloocast provides reasonable notice of material changes to this Agreement and the opportunity to review those changes. However, changes affecting new functions in the Service or changes for legal reasons may take effect immediately. Changes apply as of application. If you do not agree to the amended terms, you must delete all Content you have posted and terminate your account.

Continuation of the Agreement
If your use of the Service is terminated, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About this Agreement”. In addition, the licenses you granted continue to apply in limited cases as set forth under “Duration of Licenses”.

Invalidity of individual contractual provisions
If any term of this Agreement is found to be unenforceable, it will not affect any other term.

Transfer
Cloocast may transfer all or part of this Agreement to a Partner, or to a third party if Cloocast is transferred or sold.

Non-waiver
If you do not comply with this Agreement and we do not take action immediately, this does not mean that we are waiving any rights we may have (for example, the right to take action in the future).

Applicable Law
If you live in the European Economic Area, this Agreement and your relationship with Cloocast under this Agreement will be governed by the laws of the country in which you reside, and legal proceedings may be brought in local court.

Contact Us
The best way to get in touch with us is to contact support@cloocast.se. We would love to hear your questions, concerns and feedback about our services.

Valid from 20 February 2023.